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Show WESTERN AMERICANA Feriolb Ord;r ttyurtmont. University of Utnh SALT LAKE VOLUME 16, NUMBER 168 Decision Affirmed Capsule WATER DAMAGE FROM PLUMBING FIXTURE WITHIN BASEMENT Economic Index Moves Up In July For Delays OMER MORRIS, Plaintiff v. FARMERS HOME MUTUAL INSURANCE, Defendant & Appellant Trial Court: Judgment in favor of plaintiff. Water damage in basement of home found to be covered under terms of insurance policy. Supreme Court: Affirmed. A large portion of our awareness and knowledge is necessarily derived from deductions based upon our observations of existing facts and circumstances. It is important to apply this principle to the prerogative of the court as the fact trier." Most logical source was from "accidental discharge . . . from a plumbing fixture. Justice A. H. Ellett dissenting and Justice F. Henri Henroid concurring in dissent. There is not one bit of evidence of any discharge of water in the basement. Plaintiff counsel: George C. Morris, 914 Kearns Bldg. Defendant counsel: H. James Clegg, 7th Floor, Continental Bank Bldg. . BROOKLYN (UPI) Supreme Court Justice Vincent Damiant said the charge that sluggish courts were responsible for the overcrowding in city jails was an attempt to pass the buck. It is high time that the executive branch of the city government cease trying to pass the buck to the courts for its own shortcomings which have produced the overcrowding' of the jails," Damiant said. He was responding to a charge made last Monday by Benjamin J. City Commissioner Malcolm, of Correction, that "our sluggish judicial system was responsible for Damiant called Malcolms, statement another attempt by him' to shift the responsibility of the executive branch of the city government to the judiciary. Economic Periscope . Miami Review International monetary reform will attempt a new world monetary order to replace the defunct Bretton Woods system. Exchange rates have to be made more flexible and surplus nations must give up some of their reserves created by undervalued currencies as the Mark and Yen. An attempt will be made to dethrone gold in favor of paper gold special drawing rights. Then the dollar could be convertible again into paper gold, as our balance of payments improve. Foreign countries who now hold more gold than the U.S., of course, will not accept this proposal. But they do want to convert the $60 billions of greenbacks that keep piling up as the result of our balance of payments deficits. No agreement will be easily reached. It may be years before a new is system monetary established. In the meantime, recurring international monetary crises are to be years before a new monetary system is established. In the meantime, recurring international monetary crises are to be expected. Penn Central bankruptcy continues to be a nightmare plagued by disagreement, distrust and infighting among directors and ofhave filed ficers. Share-holdeclass-actio- n suit that has virtually paralyzed the. operation. rs Hugh Hefner, Playboy publisher, will launch a new monthly glossy called OUI. It will be aimed at the young set and will be more bold, with a continental flavor no holds barred. It will be in direct competition with Penthouse, but racier in attempt to attract the jet-se- t. CERTIFYING INVENTORIES Policing collateral loans for existence, condition and banks location of merchandise continues to be a problem. Look for the tangled system of U.S. tariff schedules that have plagues importers for years to be simplified and standardized. We die Brussels systems of nomenclature and classification. Untangling the maze of duties will eventually facilitate foreign trade. . and Sikorsky, division of United Aircraft. Commercial helicopters are in great demand, but military requirements are huge. The new units will be less expensive and less - iJi Japans trade surplus is about $8 billion per year and this enables Japan to export capital. Among the borrowers are Chrysler Corp. and IBM World Trade Corp. Tokyo is emerging as an international money center where prime borrowers can pick up $50 million at a crack. IT&T and North American Rockwell Corp. are negotiating for money now. Trial Delay Still Vexes U.S. Courts NEW YORK (ACCN) -- Court congestion and trial delays remain a continuing problem plaguing courts throughout the nation, according to a study just published by the Institute of Judicial Administration. In 1972 it took an average of almost 21.7 months for a personal injury case to reach jury trial after the service of an answer the date when the party being sued answers the complaint. The average is based on information furnished by 89 of 92 districts responding to the institutes annual calendar status study. In 1971 the average delay as reported by 92 jurisdictions was the same 21.7 months. r The study for the period found a 1972, 30, ending April lapse of two and one-ha- lf years or more between the service of the answer (or an equivalent date) and trial in 23 out of the 89 jurisdictions reporting this figure. industrial materials prices and stock prices. The length of the average work week held steady in July at 40.7 hours. The department also made a slight upward revision in its June index and made stronger Svllabus er years, disregarding the abnormally large jump in the first quarter of 1971 when the economy was bouncing from the effects of the auto strike. Based on a 1967 average of 100, the July index stood at 143.6 compared to 142.6 the previous month. V WASHINGTON v. ROTII primarily from a CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 71-1- 62. Argued January IS, 1972 Decided June 29, 1972- . - Respondent, lured for a fist'd term of one academic year to teach at a state university, was informed without explanation that he would not. be rehired for iIip ensuing year. A statute provided that all state university teachers would be employed initially on probation and that only after four years continuous service would teachers achieve permanent employment "during efficiency and good behavior, with procedural protection against separation. before the University rules gave a nnntenured teacher "dismis.-c-d end of the year some opiwrtunirv for review of the "dismissal, but provided that no reason need be given for nonretention of a nontenured teacher, and no standards were specified for reemployment. Respondent brought this action claiming deprivation of his Fourteenth Amendment rights, alleging infringement of (1) his free speech right because the true reason for his was his criticism of the university administration, and (2) his procedural due process right because of the universitys failure to advise him of the reason for its decision. The District Court granted summary judgment for the respondent on the procedural issue. The Court of Appeals affirmed. Held: The Fourteenth Amendment does not require opiortunity for a hearing prior to the nonrenewal of a nontenured state teachers contract, unless ho can show tliat the nonrenewal deprived him of an interest in liberty or that, he had a "property interest in continued employment, despite the lack of tenure or a formal contract. Here the nonretention of resjorulcnt, absent any charges against him or stigma or disability foreclosing other employment, are not tantamount to a deprivation of liberty, and the terms of respondents employment accorded him no "property interest protected by procedural due process. The courts below therefore non-retenti- on erred in granting summary judgment for the respondent on the due issue. procedural process Pp. 4. 446 F. 2d 806, reversed and remanded. 5-1- Stewart, J., delivered the opinion of the Court, in which Burger, C. J., and hite, Blackmun. and Reiinquist, JJ., joined. Burger, C. J., filed a 'Concurring opinion, see No. 70-3-6, Perry v. Sindcrmann. filed a dissenting opinion. Brennan, J., filed a disDouglas. J., in which Douglas, J., joined, see No. 70-3- 6, senting opinion, Perry v. Siiidennann. Marshall, J., filed n dissenting opinion. Powell, J., took no part in the decision of the case. 1 (UPI)-Postma- ster General E. T. Klassen said Monday that savings made BOARD OF REGENTS OF STATE COLLEGES et al. upward for March, April and May based on new corporate profit figures. The revisions made the second-quartgain in the index the increase in 10 strongest three-mont- h corrections Postal Rate Boost Said Not Needed SUPBEME COUBT OF TIIE UNITED STATES so-call- ed one-yea- for a new transport helicopter to be developed by Bell Look Commerce Department report. Most of the movements were small. The index samples movements in several segments of the economy and is considered a good barometer of future economic trends. Increases were recorded for new plant and equipment orders and the cost ratio. Initial claims price-labfor unemployment insurance declined, considered av favorable sign (orfbsiodek.The four declining indicators M&re1 new orders for -durable) wu goodsr building permits, em- phasize high speed and capacity too. Boeing is working on a skycrane type of helicopter able to lift 23 tons. to index while four declined and one was unchanged, according to the MAL5 complicated. New designs must conform (UPI)-T- he WASHINGTON of leading index governments economic indicators rose 0.7 per cent in July, continuing an advance that has held steady for about a year and a half. Three of the eight indicators available for July moved up on the or overcrowding. See details.page 3 ByLeeRuwitch THURSDAY, AUGUST 31, 1972 Courts Said Blameless Utah Supreme Court Decisions 3-- 2 CITY, UTAH 33,000-sta- ff reduction have removed the need to ask for a $450 million postal rate increase. The proposed increase would have included a boost in the cost of a first class letter from 8 to 9 cents, he said. Klassen told his first news conference since taking over the reorganized U.S. Postal Service last January: We have to notify the rate commission in the month of September that we want a rate increase and I have no intention of doing it. Since April 1, through attrition and retirement, more than 33,000 people have left the service. Klassen explained that 85 per cent of postal service costs stemmed from wages and employee benefits. Klassen said he hoped to get through all of calendar 1973 without a rate increase but added: It would be foolhardy for me to make that statement. We have labor negotiations early in the year and a labor contract that expires in July. Klassen said the rate of increase of mail volume went down last year for the first time since the 1930s but noted that because 1972 is an election year, we expect it will go up. He did not dispute reports that mail service had deteriorated since he imposed a new hiring freeze last March. Many people were opposed, Klassen said of the freeze. They didnt help us. There are areas where weve got troubles. We think we know where they are. You cant take an organization thats been living in a political environment and turn it around overnight. He said the job freeze may be lifted in certain areas of the country but in other places it will be kept indefinitely. He spiked rumors that he might leave die postal service by volunteering: Its a great opportunity, a great challenge . . .its been a lonely position to take that no new people would be hired. But I have no intention of leaving the postal service. I intend to see this job through. |